Legal Question in Civil Litigation in California
I filed a pro se lawsuit and my initial complaint has two Defendants.
Those two Defendants filed a Motion for Judgment on the Pleadings. Thereafter with leave of Court I filed an Amended Complaint which added a third Defendant. The Court did not require the Defendants to refile their Motion for Judgment on the Pleadings to address my Amended Complaint which added a third Defendant. The Court applied the Defendants Motion for Judgment on the Pleadings to my Amended Complaint.
The Judge in his order Granting Defendants Motion for Judgment on the Pleadings stated that the Court was Granting Defendants Motion for Judgment on the Pleadings - making reference to the docket # for the Motion. He did not state that claims were dismissed for the new defendant on my amended complaint. The third Defendants never filed a motion for judgment on the pleadings.
The civil clerk however in entering the Civil Clerk's Judgment entered the names of the two Defendants that filed a Motion for Judgment on the Pleadings and were granted it along with the name of the third Defendant that never filed any such motion for judgment on the pleadings and noted that claims against the third Defendant also was dimissed along with the other two Defendants and closed the case.
The third Defendant in the Amended Complaint never moved for claims against him to be dismissed and the judges order doesnot read that claims against this third Defendant has been granted. It order states that the Defendants were granted Motion for Judgment on the Pleadings and made reference the motion the two Defendants filed.
Was it up to the Clerk to add the new Defendants name to the civil clerks judgment and indicate that claims against the third Defendant had been dismised even though the judges order did not indicate that claims against the new Defendant had been dismissed?
If this is an error on the part of the clerk can the clerk be asked to correct this error and the case against against the third Defendant that just filed an answer and never moved for claims against him to be dismissed be restored to its original position?
1 Answer from Attorneys
I have a feeling from reading this that there is more than you are telling us. If you weren't given leave to add a defendant, adding a defendant was improper. Generally, leave to amend is limited to the scope of the matters that were the scope of the representation. �Rather, as pointed out in Taliaferro, such granting of leave to amend must be construed as permission to the pleader to amend the cause of action which he pleaded in the pleading to which the demurrer has been sustained.� (People v. Clausen (1st Dist. 1967) 248 Cal.App.2d 770, 785-786.) This same rule applies to motions for judgment on the pleadings, which is very similar in purpose to a demurrer.
Second, the court has authority to strike pleadings that are just garbage. "We conclude the trial court was empowered to strike or dismiss the complaint by section 436 of the Code of Civil Procedure which provides in pertinent part: 'The court may, upon a motion ... or at any time in its [173 Cal.App.3d 631] discretion, and upon terms it deems proper: ... (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (Lodi v. Lodi (3rd Dist. 1985) 173 Cal.App.3d 628.)
At this point, you would have to appeal. I would have to review the pleadings and the court file, to determine whether you had a valid claim or not.
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